Outagamie County Circuit Court, Wisconsin Document Filing Requirements

CRITICAL

Applies to

Certificate

If custody or placement is disputed, the certificate materials must include a custody and placement proposal and, if necessary, a trial-witness list.

A proposal for custody and placement, if such are in dispute, together with a list of witnesses intended to be called at trial, if necessary.

CRITICAL

Applies to

Emergency license petition

The Clerk must refer the emergency-license petition to the assigned court with disclosure of any other emergency-order applications by the same person.

Any such petition filed in Outagamie County shall be filed in writing with the Clerk of Courts, assigned a file number and assigned randomly to one of the Circuit Courts. Such petition shall be referred to the assigned Court with disclosure by the Clerk of any other applications by the same person for emergency orders.

CRITICAL

Applies to

Personal representative bond

An out-of-state personal representative must file a bond in the amount set by the designated court official before appointment.

Effective this date any personal representative residing outside the State of Wisconsin, but being appointed in an Outagamie County Estate Action, shall provide a bond to the court in the amount determined by the judge, Probate Court Commissioner or Probate Registrar, and no appointment of said personal representative shall take place until the filing of said bond with the court.

CRITICAL

Applies to

Custody report

Before scheduling, an applicable custody report must be filed or replaced by a Family Court Program statement giving a certain availability date.

That the custody report, if applicable, has been filed or, in the alternative, a written statement from the Family Court Program that the custody report will be available by a date certain.

CRITICAL

Applies to

Intake referral

Intake referrals under the specified statutes must be submitted in writing on the appropriate referral form, except for protective service court referrals.

All intake referrals under § § 48.24(1) (except for protective service court referrals) or 938.24(1), Wisconsin Statutes, are to be submitted in writing on the appropriate forms, either the Court Referral – Juvenile, Law Enforcement form or the Court Referral – Juvenile, Non-law enforcement form.

CRITICAL

Applies to

Counterclaim

A counterclaim must be written and specify the defendant’s claim or claims.

Defendants alleging claims against the plaintiff will be given a deadline at the initial appearance by which they must file a written counterclaim specifying their claim(s).

CRITICAL

Applies to

Summons and complaint

An attorney preparing a summons and complaint for multiple creditors must provide information about each creditor’s individual claims.

The attorney preparing the summons and complaint for multiple creditors shall provide information as to each creditor’s individual claim(s).

CRITICAL

Applies to

Account waiver request

An account-waiver request must use the designated court form and include proof of the ward’s annual income and December bank statements showing year-end balances for each account holding the ward’s assets.

All account waivers must be requested on the designated Register in Probate Office Court Form and include the following attachments: i. Proof of the ward’s total income for the year the waiver request is submitted for; ii. A bank statement for the month of December for the year the waiver is being requested for each account holding the ward’s assets. These statements must contain the year-end balance for each asset owned by the Ward.

CRITICAL

Applies to

Order appointing temporary guardian and letters of temporary guardianship

A temporary guardianship appointment must specify its duties in the appointment order and letters, and may not grant all duties of a General Guardian.

Duties: The appointment must be for the performance of specific duties, and the Order Appointing Temporary Guardian and The Letters of Temporary Guardianship shall set forth these specific duties. The duties may not be "All the duties of a General Guardian."

CRITICAL

Applies to

Written authorization

Written judicial authorizations to carry a weapon in a courthouse or courtroom must be submitted to the presiding judge for final approval.

Any written authorization to carry a weapon in a courthouse or courtroom by an Outagamie County Judge under §175.60(16)(b)2 shall be submitted to the presiding judge in Outagamie County for final approval.

WARNING

Applies to

Order appointing counsel

If no response is received from the Public Defender Office within 7 days, the GAL should follow up and, if necessary, prepare an order appointing counsel.

2. If the GAL has not received a response from the Public Defender Office within 7 days, he/she should follow-up, and if necessary, prepare the appropriate order appointing counsel. (The sooner counsel is appointed the better.)

WARNING

Applies to

Temporary physical custody report

The Intake Worker must submit Temporary Physical Custody reports for the Court’s consideration; testimony may be presented at the detention hearing if it meets the stated conditions.

Temporary Physical Custody reports shall be submitted by the Intake worker and considered by the Court without the need for testimony, which may be presented at the detention hearing, provided that it is relevant, not a waste of time, or a needless presentation of cumulative evidence. A determination of the foregoing will be made on a case by case basis by the Court.

WARNING

Applies to

Voluntary repayment letter

A guardian making a voluntary repayment must include a letter with the specified ward and payment information and should send a copy to the Register in Probate.

The guardian must include a letter stating the name and Medical Assistance Number of the ward, a statement indicating the amount of money being repaid, and a statement that these funds are donated on a voluntary basis in repayment of medical assistance benefits paid on behalf of the recipient. A copy of the letter should be sent to: Register in Probate, Outagamie County Government Center 320 S. Walnut Appleton, WI 54911

WARNING

Applies to

Community service request

Juveniles may request community service instead of payment at a payment hearing, provided they give the Court prior written notice.

9. Juveniles may request community service in lieu of payment of fines, forfeitures, or costs at a payment hearing with prior written notice to the Court.

WARNING

Applies to

Family court document

Family Court documents must also be provided to the Child Support Agency when Section 5 of the Family Court Rules requires it.

All documents relating to Family Court matters shall be provided to the Outagamie County Child Support Agency if required by Section 5 of the Outagamie County Family Court Rules, infra.

WARNING

Applies to

Complaint

A complaint against a defendant who lives outside Outagamie County may be transferred to the defendant’s county of residence unless it states facts showing the controversy arose from contacts or actions in Outagamie County.

Accordingly, complaints against defendants who reside outside of Outagamie County shall be subject to being transferred to the county of residence of the defendant, unless the complaint provides a factual basis which establishes that the actual controversy arises from contacts or actions within Outagamie County.

WARNING

Applies to

Ward account statements and receipts

A granted waiver does not prevent the Register in Probate from requesting account statements and receipts to review a guardian’s or conservator’s conduct or compliance.

Any waiver granted under Section 7 of these rules does not prohibit the Register in Probate Office from requesting account statements and receipts associated with a ward’s assets and expenses to complete a review of a guardian of estate’s or conservator’s conduct or failure to comply with Wisconsin statutes and/or local court rules.

WARNING

Applies to

Accounting audit records

The Outagamie County Register in Probate office may complete a full audit of any accounting submitted by the guardian of estate by requiring submission of all income receipts, disbursement receipts, and copies of all cancelled checks for the year.

The Outagamie County Register in Probate office may complete a full audit of any accounting submitted by the guardian of estate by requiring submission of all income receipts, disbursement receipts, and copies of all cancelled checks for the year.

INFO

Applies to

Written request for case assessment and conclusion

An attorney, Guardian ad Litem, or unrepresented party may request a copy of the Case Assessment and Conclusion by submitting a written request to the Court.

Any attorney for any party, the Guardian ad Litem and an unrepresented party may obtain a copy the Case Assessment and Conclusion in any case involving said Guardian ad Litem, attorney for any party or such party, by submitting a written request to the Court for a copy of said report.

INFO

Applies to

JD-1716

Notice using form JD-1716 is considered properly given whether or not the recipients sign the form.

Notice is considered properly given whether or not the recipients sign the signature block on the form.

INFO

Participation in the Foreclosure Mediation Program is voluntary, but parties who consent agree to follow its described process.

While entry into the Foreclosure Mediation Program is voluntary for both parties, by consenting, the parties agree to abide by the process set forth in the Foreclosure Mediation Process Description below.